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News articles, media reports and social media websites are filled with latest updates of the ongoing farmers’ protest which has effectively cut off Delhi from its neighbouring states. The travel from the NCR to Delhi has become nothing short of a battle and with the businesses attempting to re-establish themselves after a long lockdown, and people are waiting for resolution of the farmer’s problems.
Broadly, farmers aren’t happy with the newly introduced legislations, namely, the Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Act, the Farmers Produce Trade and Commerce (Promotion and Facilitation) Act and the Essential Commodities (Amendment) Act. While the government claims that the laws would help the small and marginal farmers, opposition parties and farmers themselves are touting them as anti-farmer.
In pursuit of a solution, five rounds of negotiations were held between the leaders among the farmers and the union government. The farmers have presented six key demands which may be too much to ask for. To know why, read further.
Demand 1: Make Minimum Support Price (MSP) and State Procurement of All Crops A Legal Right
Commission on Agricultural Cost and Prices (CACP) in its report to the union government in 2018 had mentioned about the need to make MSP and state procurement of all crops a legal right to the farmers. This recommendation came after the government hiked the MSP for several crops.
This demand can have two-fold effects. Primarily, the storage capacity with the government isn’t that it can hold such huge amounts of crops. Several times we hear news of crops getting wasted due to lack of storage facilities. Any legal right would increase such problems.
The second issue with this demand is that the private players may refrain from buying the Indian crops in such instances and thus, the farmers will fail to get the maximum benefit. This isn’t because the private players will want to loot farmers. It would be because MSP compulsion would bring legal consequences and it is difficult to prove if the farmer consented to sell on a lower price or not. He may be selling his produce at less cost due to desperate needs and since corporations may not be able to prove consent, they’ll land up in a legal soup. This discouragement will adversely affect Indian farmers.
Read Also: Delhi Chalo Farmers Protest In Pictures; In Case You Didn’t Know Its Magnitude
Demand 2: Accept Recommendations of the Swaminathan Committee on MSP
The Swaminathan Commission Report states that the government should raise the MSP to at least 50% more than the weighted average cost of production. It is also known as the C2+ 50% formula. According to the report of Economic Times dated December 12, 2019, Union Minister Narendra Singh Tomar had declared that 200 recommendations of the Swaminathan Committee will be implemented, including the one mentioned above.
The government has agreed on the formula for only 22 crops for now and maybe later, after adequate consideration, it may be extended to other crops.
Demand 3: Repeal Commission on Air Quality Management in NCR and the Adjoining Ordinance 2020
The commission was set up by the central government via a notification in November 2020. It aims to curb the problem of air pollution in the NCR region. As we are all aware, Delhi gets engulfed by a thick blanket of smog every year in winters which lead to several health hazards. The residents of Delhi and NCR are also compelled to follow the Odd-Even Rule. However, the major contributor to air pollution in winters is the burning of stubble. 
The adjoining ordinance was brought into effect to make laws for curbing air pollution more stringent. While this was done for the betterment of the country, the farmers demand it to be taken down. The law provides for a fine up to Rs. 1 Crore or jail of up to five years or both. The farmers, who burn stubble, are conscious of going to jail if they continue burning the stubble. Despite the raging need for laws against pollution, this demand of the farmers is utterly saddening.
Demand 4: Slash Diesel Price for Agricultural Use By 50%
This is one of the demands put forth by the farmers. Before we discuss this, I would like to list certain existing subsidies and benefits available to farmers:-
- Exemption from Income Tax
- Fertilizer and Power Subsidies
- Agricultural Equipment, Seed and Irrigation Subsidies
- Credit and Export Subsidies
- Agricultural Infrastructure Subsidies
With all these subsidies in place and several other welfare schemes for farmers, it looks wrong to ask for more. The taxpayers in India are limited in number and get no benefits out of their payments. Keeping this and the present economic state of the country in mind, this demand looks unnecessary.
Demand 5: Withdrawal of Cases Against Farmer Leaders All Over India. Poets, Intellectuals, Lawyers, Writers and Human & Democratic Rights Activist, Those Who Have Been Jailed in False Cases Should Be Released
This demand is rather ambitious for the movement that is being run for the benefit of the farmers. The duty and power of granting bail, adjudicating and discharging the accused lies in the hand of the judiciary which is constitutionally separate from the parliament. The union government can’t do anything but to withdraw the cases. However, the manhandling of public property and public servants cannot be waived off as it remains a matter of national importance. Political intermeddling of government in judicial work is wrong and shouldn’t happen.
Demand 6: Repeal the Three Laws
This demand has been at the forefront and is non-negotiable. The farmers are demanding this because the legislation doesn’t necessitate a written contract. Also, in case of dispute, the farmers cannot approach the court. They can approach only the Sub-Divisional Magistrate. Though they can approach the court as a consumer according to a Supreme Court judgement, there is an innate feeling of distrust among farmers.
Additionally, the farmers are also apprehending that the new laws will do away with MSP soon and the agricultural sector will fall in hands of private players where they would have minimum say. The issue of doing away with the Agriculture Produce Marketing Committee also exists.
The government has assured that they won’t be getting rid of MSP and APMC. Further, amendments to the legislation are offered by the government to the farmers. However, the leaders among the farmers have outright denied any amendments.
While it’s true that the law may be problematic, there are several redressal mechanisms apart from repealing the law. The government itself is keen on amending the law, which is the ideal course of action considering that no law can make everyone happy. Thus, setting a precedent of repealing laws can be damaging for the constitutionalism of the country. If even after the amendment, any question regarding the law arises, the same can be dealt by the High Court or the Supreme Court. The constitutional validity of the laws can be challenged.
Thus, the wide scope of redressal mechanisms doesn’t warrant a demand for repealing the laws.
The demands raised by the farmers aren’t the ones which can be fulfilled in entirety. It seems that both the parties will have to bend a little to make the negotiations successful. A stand-still for the states of Delhi, UP, Haryana and Punjab won’t be economically fruitful in the struggling times. It is important to conclude the row at the earliest to make everyone happy.
Image Source: Google Images
Sources: Indian Express, NDTV, Business Today
Find The Blogger At: @innocentlysane
This post is tagged under: law, farmers, farmer’s protest, agriculture, delhi, parali, stubble, air pollution, diesel, subsidies, chakka jam, bharat band, farm bill, union government, modi government, legislations, farmer’s bill, essential commodities, contract farming, private players, corporates, corporations, tax payers, tax
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